The Gauhati High Court dismissed a bail application filed by Abbas Ali, an accused and informant in a child kidnapping and murder case. Despite merit regarding family hardships, the court refused bail due to serious nature of offences and sufficient incriminating evidence.
Petition under Section 439 CrPC dismissed; case diary returned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010005252023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./144/2023
ABBAS ALI
S/O- ABDUL SAHAD PRADHANI, R/O- VILL- ARATERGAON, KHOPATI PARTIII, P.S- SUKCHAR, DIST- SOUTH SALMARA, MANKACHAR, ASSAM, PIN783128
VERSUS
THE STATE OF ASSAM REP. BY THE PP, ASSAM
Advocate for the Petitioner : MS. J PAUL
Advocate for the Respondent : PP, ASSAM
BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN ORDER
17.01.2023
Heard Ms. J. Paul, learned counsel for the accused and Ms. S.H. Bora,
learned Addl. P.P. for the State respondent.
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1973, is preferred by accused, namely, Abbas Ali, who has been languishing in jail hazot in connection with the Sukchar P.S. Case No. 136/2023, under Sections 120B/143/365/302/201/376AB of the IPC read with section 34 of the IPC and read with section 6 of the POCSO Act, for granting bail.
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JUDGE
Comparing Assistant
3 issues framed by the court
Whether bail should be granted to an accused who is the informant in a case involving the death of his daughter and serious offences under IPC and POCSO Act.
What factors the court considered in refusing bail despite the accused being the informant.
Whether the investigation stage and severity of charges preclude bail in a murder and child death case.
3 provisions across 3 enactments
Abbas Ali
State of Assam
Robin Phukan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
